Motorcycle accidents almost always harm the motorcycle rider more than occupants of private vehicles. It’s because motorcycle riders are more vulnerable to the dangers on the road. Motorcyclists are ten times more likely to die in a traffic collision than a driver of a private vehicle. They are out in the open, and the only form of protection they have in case an accident occurs is their helmets.
Although helmets help prevent serious head injuries, other parts of their bodies are not immune to severe injuries. Every year, approximately 100,000 motorcycle riders are injured in the U.S.
Insurance Companies Vs. Motorcycle Riders
- Insurance Companies Vs. Motorcycle Riders
- Damages Motorcycle Accident Victims Can Receive
- Here are some examples:
Motorcycle accident claims tend to be more complex and unique, mainly because insurers tend to treat motorcyclists poorly. But why are insurance companies harsher towards motorcycle riders?
It’s already known to many that insurance companies want to give you as little as possible for insurance claims. They do not like paying out large amounts of money, so they will look for every excuse they can to get out of paying on a claim.
For insurance companies, motorcycle accident victims are easy targets as riding a motorcycle is already considered dangerous in itself. Thus, it’s easier to claim that the motorcycle rider himself is responsible for his injuries.
You do not have to deal with this unfair treatment alone. When dealing with an insurance adjuster, it’s best to seek the assistance of an experienced California motorcycle accident lawyer. They will protect you from being manipulated and will help you receive the compensation that you rightfully deserve.
Damages Motorcycle Accident Victims Can Receive
When an accident occurs due to someone else’s negligence, and you are suffering because of their recklessness, you can receive compensation for the damages you’ve incurred from the accident. Of course, you must gather all the evidence and witness statements to help you with your claim.
Just like any regular accident, motorcycle accident victims are also entitled to receive compensation for both monetary and non-monetary damages.
Here are some examples:
- Pain and suffering
- Medical bills
- Lost income and lost future income
- Scarring and disfigurement
- Permanent injury
- Lost life enjoyment
- Cost of physical therapy
- Mental health issues related to the accident
But what exactly makes a motorcycle accident claim more unique than other claims? Well, there are several reasons why.
. Motorcycle riders are more prone to road hazards.
Whether it’s potholes, ruts, loose gravel, or poorly maintained roads, motorcycle riders are more likely to get into serious accidents if they ever come across these road hazards. These road hazards may not affect drivers of private vehicles as much as motorcycle riders because cars are more stable than motorcycles. Motorcycle riders are also prone to serious injuries if they get into an accident involving road hazards.
. Strong anti-biker bias when fighting for a motorcycle accident claim
Motorcycle riders do not have a good reputation since there’s still existing cultural prejudice against them. Motorcycle riders are still widely viewed as reckless, hot-tempered, and rebellious. These prejudices may manifest in the form of jury discrimination, and lower settlement offers, and even witness statements and police reports.
Because of this strong bias against motorcycle riders, it is much harder to file a motorcycle accident claim successfully. When filing for a motorcycle accident claim, you must have a trustworthy California motorcycle accident lawyer by your side to help you overcome these biases.
. Insurance company tactics
As mentioned earlier, insurance companies will do anything to reduce the amount you’ll receive as compensation for the accident.
Since motorcyclists are more prone to severe injuries, which results in high hospital costs, insurance companies tend to underpay claims made by motorists. They will attempt to convince the victim that their claim is worth less than its actual value. To avoid getting manipulated by an insurance adjuster, motorcycle accident victims are encouraged to seek the assistance of a motorcycle accidents lawyer near you.
. Proving that you wore a helmet at the time of the accident
Most states have laws requiring motorcycle riders to wear helmets whenever they ride their motorcycles. However, in cases where the motorcyclist doesn’t wear one, will they still be entitled to receive compensation for their injuries?
The short answer is yes. But it is much more complicated than that. Different states have different approaches regarding this issue, but generally, this allows the defendant to reduce an accident victim’s damages. The defendant can argue that although wearing a helmet does not completely protect the motorcycle rider from sustaining injuries, wearing a helmet can still mitigate and reduce the chances of getting severely injured.
Of course, it still depends on your state laws. Although generally, most states do not allow the use of the helmet defense in court, there is still a possibility that it might be used to reduce the value of your claim.